Collaborative practice is a relatively new, multi-disciplinary approach designed to minimize conflict while enabling divorcing couples to find a way to resolve their differences on all relevant issues. First, both spouses meet with their respective Collaborative attorneys to discuss individual needs and concerns. They agree that they will all work toward an effective solution for both spouses. Then, the couple and their attorneys meet in four-way sessions to reach a settlement without involving the court. Collaborative attorneys have been trained to effectively work with couples that have considerable conflict. Every issue, including property division, custody, and support, is put “on the table” in these sessions.

“You helped me to remember that the children’s well being should be our first priority when working through the divorce.” - Meaghan, mother of three, Novi

At the beginning of the process, husband, wife, and both attorneys sign a Participation Agreement. The agreement requires both parties to:

1. exchange complete financial information so that each spouse can make well-informed decisions,
2. maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns,
3. reach written agreement on all issues and concerns outside of contested court proceedings,
4. avoid threats of litigation or adversarial procedures, and
5. authorize the attorneys to use the written agreement to obtain a final court decree.

In addition, instead of using only attorneys for this process, the couple has access to a team of professionals, each specializing in a different field of expertise. As needed, the Collaborative Team may include mental health professionals as coaches for the marriage partners, a child specialist to give the children a voice in the process, and a financial specialist (such as a qualified financial specialist or certified divorce financial analyst) to help the couple analyze the impact of their financial decisions.

All the professionals involved – the attorneys, the mental health professionals, and the financial specialists - have special training to help contain the cost of the divorce process, by using limited family funds in the most effective way possible. The couple can use the financial specialist as a neutral to work on budgeting and property distribution, and a child specialist as a neutral to work on parenting issues. The attorneys are always available for consultation as problem areas are addressed.

The Collaborative Team approach is successful because it uniquely lays a solid foundation for a future parenting partnership between the parents, and between parents and their children. It creates an atmosphere of hope for the whole family, that their future together will be trouble-free and secure, even if the family has been restructured into two homes.

Divorcing parties benefit from the skills, advice, and support of attorneys and other helping professionals while striving to work things out in a positive, future-focused manner. Working together, they are able to dissolve the marriage in a way that addresses everyone’s legal, financial, and emotional needs within the resources of the family. When a settlement is reached, the Collaborative attorneys file the appropriate paperwork required by the court to complete the divorce.

Advantages of Collaborative Divorce:

• You retain control. Though each party has a lawyer, you and your spouse take responsibility for shaping the settlement as the key members of the team.
• You gain assistance. You craft the settlement cooperatively with your spouse while benefiting from your attorney’s advocacy, problem-solving, and negotiating skills.
• You can focus on settlement. Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.
• You get more for your resources. The Collaborative process may be less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You do not get bogged down for months while you wait for a court date.
• You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation or divorce proceeding. The Collaborative process produces final agreements that are frequently more detailed and complete than any order a judge would issue following a contested court proceeding.
• You lay groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation, and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive after the divorce.

Disadvantages of Collaborative Divorce:

• There are no court imposed time constraints. Since there is no case on the court docket, Collaborative cases continue until a settlement is reached.
• Collaborative practice is not appropriate for all cases. Cases involving issues such as domestic violence, drug and/or alcohol abuse, or mental disabilities/disorders may not be appropriate for the Collaborative process.